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(영문) 서울중앙지방법원 2018.04.19 2017가합27513
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 300,00,000 and the interest rate of KRW 17% per annum from May 18, 2017 to the date of full payment.

Reasons

1. Basic facts

A. Han Bank Co., Ltd. and the Defendant’s loan agreement 1) Han Bank Co., Ltd. (hereinafter “one Bank”)

Around March 14, 2006, a company comprehensive passbook loan amounting to KRW 100,00,000 has been extended to the Defendant on March 14, 2007; the interest rate of KRW 8.67% per annum; and 19% per annum (17% per annum for less than three months per annum; 3 months or 19% per annum). On March 14, 2006, Han Bank concluded an agreement between the Defendant and the Defendant on March 14, 2006, which increases the lending amount of the above loan amount to KRW 200,000,000; the agreement on March 14, 2007, which extends the expiration date of the lending amount to KRW 230,000; and the agreement on March 3, 2008 to extend the lending amount to KRW 230,000,000 per annum and 203.14. (hereinafter referred to as “the extension date”).

(2) On April 3, 2006, Han Bank loaned KRW 400,000,000 to the Defendant for a corporate general loan. Around March 17, 2010, Han Bank entered into an agreement with the Defendant to partially repay KRW 15,00,000 out of the above loan and to extend the term of validity of the credit amount of KRW 385,000 to March 14, 201.

(3) On July 20, 2007, the Han Bank made a loan to the Defendant at the rate of 8.18% per annum on July 20, 2008, and at the rate of 19% per annum (at the rate of 17.18% per annum on less than three months per annum, and at the rate of 3 months or more per annum) on the date of expiry of the credit. On July 20, 2008, the Han Bank entered into an agreement with the Defendant to partially repay KRW 30,000,000 out of the above loan and to extend the expiration date of the credit amount of KRW 170,00,000 on July 20, 2009 (hereinafter referred to as “third loan”).

(4) On March 10, 2008, the Han Bank extended a loan of KRW 400,000,000 to the Defendant on March 5, 2009, at the rate of 2.13% per annum (17% per annum less than three months per annum and not less than 3 months per annum). On March 10, 2009, the Han Bank extended a loan of KRW 400,00,00 to the Defendant on March 5, 2009.

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